Karl-Heinz Boeckstiegel - ARBITRATOR PROFILE AND APPOINTMENTS
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RECENT IAREPORTER COVERAGE ABOUT Karl-Heinz Boeckstiegel
- Looking Back: In Noble Ventures v. Romania, an early ICSID tribunal adopted an expansive interpretation of an umbrella clause in the US-Romania BIT, but ultimately rejected the case on the merits
Mar 04, 2020 - Spain files for annulment of €29 million OperaFund award
Mar 03, 2020 - BIT claim against Ukraine is allowed to proceed, but one of the claimants - the Republic of Tatarstan - fails to clear jurisdictional hurdle
Feb 18, 2020 - Decade-old AES v. Argentina case shows new signs of life; revised tribunal features two new arbitrators, with Ricardo Ramirez Hernandez as chair
Dec 13, 2019 - UPDATED: Claimants ask for (and receive) rectification of Spanish renewables award in order to correct perceived error in currency used for damages
Oct 17, 2019 - Analysis: In OperaFund v. Spain award, reasons emerge for split amongst arbitrators as to “express stability commitment” in Spanish renewables regime
Sep 27, 2019 - In split ruling in OperaFund and Schwab Holding v. Spain case, Boeckstiegel and Reinisch hold Spain liable for breaking stability commitment to solar investors, but Phillipe Sands dissents
Sep 11, 2019 - Canadian investor Stans Energy wins $24 million in (second) arbitration with Kyrgyzstan
Aug 22, 2019 - Analysis: Churchill & Planet Mining v. Indonesia annulment committee finds that parties’ discovery obligations can be limited by domestic law on confidentiality, and that procedural orders are outside a committee’s mandate
Mar 24, 2019 - Final costs details are released in Philip Morris v. Australia following request by IAReporter
Mar 21, 2019 - Churchill and Planet Mining fail to overturn adverse ICSID award, and are left to bear costs in fight with Indonesia
Mar 19, 2019 - Ukraine round-up: Philip Morris BIT threat leads to settlement of dispute; an update on five other pending investment arbitrations
Dec 05, 2018 - Serbia held liable at ICSID in case alleging failure to enforce environmental regulations
Nov 10, 2018 - UP and CD v. Hungary: On damages, arbitrators decline to apply a legal risk premium, citing the claimants’ successful lobbying to fend off early regulatory risk
Oct 12, 2018 - Analysis: In a striking new award, ICSID tribunal rules that Achmea judgment does not cast shadow over ICSID-based arbitration; but efforts to empanel ad-hoc committees to review such intra-EU BIT awards keeps getting harder
Oct 11, 2018 - UP and C.D. v. Hungary: On the merits, tribunal finds expropriation of the claimants’ investment and awards 23 million EUR plus interest
Oct 11, 2018 - ICSID Tribunal parts company with arbitrators in another case under same treaty and allows MFN clause to be used to bypass a narrow investor-state arbitration clause
Oct 11, 2018 - Stati and Ascom v. Kazakhstan: UK appeals court allows claimants to avoid fraud trial, after they decide to abandon enforcement efforts in that jurisdiction
Aug 13, 2018 - Looking Back: In Canadian Cattlemen v. USA "mad cow" disease dispute, arbitrators held that foreigners without cross-border investments do not have access to investor-State arbitration under NAFTA Chapter 11
Jul 06, 2018 - Ad hoc committee in Indonesia case agrees to shield investor from an enforcement that might push it into bankruptcy – and declines to pierce veil to pursue shareholders – but stay requires some security
Jun 24, 2018 - In Karkey v. Pakistan, ad-hoc committee weighs into debate as to whether stays are exceptional, and if an attorney-general pledge has any weight
Jun 24, 2018 - Stati and Ascom v. Kazakhstan enforcement update: hearing of fraud allegations will continue in UK, despite claimant’s attempt at discontinuing those proceedings
May 11, 2018 - Three are named by ICSID to hear Pakistan's bid to overturn hefty $800+ million arbitration loss
Dec 07, 2017 - Analysis: Bear Creek tribunal declines to infer legality requirement, considers interpretive annex on indirect expropriation, and views treaty's general exceptions clause as ruling out other exceptions
Dec 04, 2017 - Tribunal rejects DCF approach in Bear Creek case; dissenter sees ILO Convention on Indigenous and Tribal Peoples as imposing obligations in context of miner's ICSID claim
Dec 04, 2017 - Arbitrators hold Peru liable for expropriation of Bear Creek's mining rights, but award compensation only for sunk costs
Dec 01, 2017 - Looking Back: In Tradex v. Albania case, arbitrators saw jurisdiction under domestic investment law, but claimant fails to prove expropriation or attributability to the state
Nov 13, 2017 - As Kazakhstan pursues its fraud allegations against investors who won $500 million ECT award, Swedish Supreme Court confirms it won't set aside the ruling
Oct 30, 2017 - Kyrgyz Republic fails to set aside award at London seat, as Judge sides with investor in fight over meaning of domestic investment legislation
Oct 16, 2017 - Final award is released in Philip Morris v. Australia case, but crucial costs information is redacted from public view
Jul 09, 2017 - Asia round-up: China and Vietnam face new BIT claims - by Hela Schwarz GmbH and Trinh Vinh Binh respectively - as proceedings against Korea and Indonesia move forward
Jun 22, 2017 - English court will hold trial to assess whether alleged fraud was perpetrated on Kazakhstan in relation to $500 million Energy Charter Treaty award
Jun 07, 2017 - Looking Back: Ethyl v. Canada case drew early public attention to previously obscure arbitration process, and settled after tribunal's jurisdiction ruling
Mar 21, 2017 - Tribunals finalized in two Russian-related investment treaty arbitrations (ICSID and UNCITRAL), with Boeckstiegel once again in a familiar role
Mar 16, 2017 - Kyrgyzstan arbitration round-up: updates on JSC Tashkent, Centerra and Stans Energy cases
Feb 16, 2017 - French investor wins 23 million EUR under France-Hungary BIT
Dec 16, 2016 - Kazakhstan fails in bid to set aside half billion dollar Energy Charter Treaty award
Dec 09, 2016 - Croatia prevails in BIT claim brought by three Belgian nationals
Nov 04, 2016 - Arbitrators accept one amicus application and reject another in Bear Creek v Peru arbitration
Jul 26, 2016 - Philip Morris v. Australia award surfaces; tribunal adopted looser test of abuse than seen in Pac Rim case, and deemed investor's corporate restructuring to be abusive
May 17, 2016 - Two more tribunals are ready to go in arbitrations brought against Spain by energy investors
Apr 01, 2016 - An update on three investment treaty claims against Hungary
Feb 24, 2016 - Australia prevails in arbitration with Philip Morris over tobacco plain packaging dispute
Dec 17, 2015 - As another Argentine bond arbitration collapses at ICSID, arbitrators doubt their power to award costs in these circumstances
Dec 14, 2015 - Peru's defence in Bear Creek arbitration alleges illegality of mining investment, and debates scope of key protections in Canada-Peru trade pact
Nov 20, 2015 - Arbitrators selected for Stans Energy's new claim vs. Kyrgyzstan, as battle over earlier award continues
Nov 11, 2015 - Canadian investor, Bear Creek, lays out merits and damages arguments in $500+ million claim against Peru following shuttering of mine project near Lake Titicaca
Nov 08, 2015 - In upholding intra-EU Energy Charter award, Swiss court considers EU state aid issue, as well as umbrella clause reservation and tribunal's damages methodology
Oct 23, 2015 - Tribunals finalized in under-the-radar UNCITRAL and SCC intra-EU investment treaty arbitrations
Sep 17, 2015 - Dismissal of ICSID claim will stand, as annulment committee declines to second-guess holdings in Kilic v. Turkmenistan case
Jul 22, 2015 - One of three ICSID Argentine bond arbitrations collapses due to lack of funding
Jun 02, 2015 - Czech Republic: Govt releases cache of BIT awards, strives to collect costs orders, and currently faces eleven pending treaty claims
Feb 24, 2015 - Latest developments in the Philip Morris arbitrations against Australia and Uruguay
Feb 12, 2015 - Balkans Round-Up: updates on investment claims against Croatia, Serbia, and Albania
Feb 04, 2015 - Intra-EU treaty claims controversy: new decisions and developments in claims brought by EU investors vs. Spain and Hungary
Dec 24, 2014 - Arbitrators finalized in three proceedings: Bear Creek v. Peru, Krederi v. Ukraine and Unión Fenosa Gas, S.A. v. Egypt
Dec 10, 2014 - As Serbia is sued at ICSID over regulation of animal-rendering industry, a tribunal in UNCITRAL case is finalized after arbitrator disqualification
Nov 25, 2014 - Arbitrators in third Argentine bond case issue preliminary ruling, dismissing some objections and postponing others until merits phase
Nov 19, 2014 - Dutch Supreme Court upholds 2011 BIT award for $96 million rendered in favour of Chevron in lesser-publicized dispute with Ecuador
Sep 29, 2014 - INVESTIGATION: In recent briefs, European Commission casts doubt on application of Energy Charter Treaty to any intra-EU dispute
Sep 08, 2014 - Recent developments in three sovereign bond arbitrations against Argentina at ICSID
Aug 21, 2014 - Funder-backed claim falls short again: one arbitrator saw abuse, another saw no "contribution", and annulment committee declines to overturn
Jul 15, 2014 - In new annulment ruling, ultimate vote is what matters in collegial adjudicative contexts - not how each arbitrator reasoned their way there
Jul 15, 2014 - ICSID Tribunals constituted to hear CEAC v. Montenegro, Alghanim v. Jordan and Le Chèque Déjeuner v. Hungary
Jul 15, 2014 - Philip Morris v. Australia: new ruling explains why jurisdictional questions to be reviewed first; umbrella clause is no longer being used to import WTO law
Jun 30, 2014 - Australia denies access to its "plain packaging" arbitration defence under Freedom of Information law
May 12, 2014 - Annulment round-up: Teco and Guatemala each seek review of CAFTA arbitral ruling; ad-hoc committee members named for Kazakh and Turkmen cases
Apr 29, 2014 - Updates on progress of Philip Morris arbitrations against Australia and Uruguay
Apr 28, 2014 - In newly-obtained Energy Charter Treaty award (Ascom and Stati v. Kazakhstan) arbitrators offer narrow reading of denial of benefits clause
Feb 18, 2014 - Government complains that Stockholm Arbitration Institute moves too quickly to make default arbitrator appointment
Feb 18, 2014 - In rare holding, investors' claims of "coordinated" top-down harassment by Kazakhstan are vindicated
Feb 18, 2014 - In now-available award, Boeckstiegel tribunal valued Kazakh assets at a half billion Dollars, but rejected key claim for lost profits and opportunities
Feb 18, 2014 - Croatia Round-up: Arbitrators in place for Croatian real estate dispute; Gov't files UNCITRAL claim against Hungarian energy company
Jan 21, 2014 - Moldovans secure $500+ million arbitral award in claim against Kazakhstan under Energy Charter Treaty
Jan 08, 2014 - Russia secures set-aside of hedge fund's modest Yukos-related arbitral award, as investor declines to spend funds to defend pyrrhic arbitral win
Sep 10, 2013 - Dissent in Ambiente Ufficio v. Argentina bond case becomes public; third arbitrator would have upheld almost all jurisdictional objections
Jun 18, 2013 - In newly-disclosed 2010 Energy Charter ruling, arbitrators rule that treaty’s denial of benefits clause operates only prospectively
Jun 18, 2013 - Arbitrators hold that failings of Kazakh courts don't rise to level of international law breach in Liman Caspian Oil case; but umbrella clause can cover legislative "promises"
Jun 18, 2013 - First hearing in Philip Morris v. Australia arbitration is pushed into 2014, as New Zealand reveals it is awaiting outcome of Australian cases
Feb 28, 2013 - Another divided ICSID tribunal finds it has jurisdiction to arbitrate an Argentine sovereign debt dispute; failure to pursue local remedies not fatal to case
Feb 11, 2013 - Tribunal sees no reason to exclude sovereign debt from investments eligible for protection at ICSID and under bilateral investment treaty
Feb 11, 2013 - Philip Morris vetoes open arbitration hearings in Australia case, but filings may be released, and tribunal decisions will be published
Jan 10, 2013 - Hearing set for Australia’s request to bifurcate jurisdictional objections in Philip Morris case; will Hong Kong and Australia agree on contested "control" issue?
Jan 10, 2013 - BIT arbitration against Iran moves to center-stage, against background of bribery lawsuit and now-concluded ICC claim
Nov 04, 2012 - Oil company seeks annulment of (now-public) ICSID award in billion dollar claim against Kazakhstan
Oct 12, 2012 - Lithuania Claims Round-Up: Lesser-known arbitrations move forward alongside high-profile gas unbundling battles
Sep 02, 2012 - AES fails in bid to annul arbitral award, but Hungary faces two more pending claims arising out of power-purchase fracas
Jul 03, 2012 - Kazakhstan wins another ICSID arbitration, this time fending off $1 Billion claim by oil investor Caratube International Oil Company
Jun 07, 2012 - Philip Morris v Australia arbitration kicks into gear as tribunal is chosen
Jun 07, 2012 - Dutch Court rejects Ecuador’s bid to set aside $96 Million award; Court says arbitrators examined - but rejected - Ecuador's arguments on causality, loss of chance, and denial of justice
May 08, 2012 - Arbitral victory in Yukos case slowly unraveling as U.S. hedge fund declines to spend more money defending arbitral award from Russian attack
Apr 10, 2012 - Exxon subsidiary awarded $907 Million in ICC arbitration with Venezuelan state oil company; ICSID case still pending
Jan 01, 2012 - Full reasons for ICSID tribunal’s recent dismissal of Venezuelan telecoms claim (Brandes) are revealed
Aug 15, 2011 - World Bank arbitration tribunal upholds jurisdiction over Billion Dollar claim by Italian victims of Argentine sovereign debt default
Aug 07, 2011 - Arbitrators selected and case proceeding at Stockholm Arbitration Institute in dispute arising out of alleged expropriation of oil fields in Kazakhstan
May 26, 2011 - Arbitrators hold Russian Federation liable for expropriation of Yukos shareholdings; modest damages owed to affiliate of prominent U.S. Hedge Fund
Dec 19, 2010 - ICSID panel orders Georgia to post $100 Million financial security as condition for staying enforcement of arbitral award while review process plays out
Nov 25, 2010 - Georgian authorities arrest foreign investor on eve of ICSID hearing and charge him with corruption; Israeli businessman and Greek partner release text of $90 Million arbitration verdict against Georgia
Oct 15, 2010 - Arbitrators in Kazakh case look dimly on investor’s document discovery bid in US courts; reminiscent of tribunal posture in El Salvador power arbitration
Jun 27, 2010 - Tribunal to hear Venezuela nationalization claim under BIT, but tax and royalty disputes excluded due to timing of Exxon restructuring
Jun 16, 2010 - Chevron decision analysis: tribunal steps into Ecuadorian judicial robes to resolve underlying dispute
May 07, 2010 - Chevron wins first of two arbitrations with Ecuador
Mar 30, 2010 - Dominican Republic settles trio of electricity arbitrations
Sep 19, 2009 - Hungary sees another compensation demand after ending Power Purchase deals at EU behest; UNCITRAL tribunal convened
Sep 02, 2009 - ANALYSIS: Arbitrators in Bayindir v. Pakistan explore meaning of fair and equitable treatment and national treatment
Sep 02, 2009 - Pakistan prevails in $756 Million ICSID claim brought by Turkish construction company
Sep 02, 2009 - Tribunals appointed in Alapi v. Turkey, Mobil v. Canada, Caratube v. Kazakhstan, iZee v. Georgia, and Duke v. Peru (annulment)
Mar 17, 2009 - More details emerge of Dominican Republic arbitrations over electricity concession; arbitrators revealed in several cases
Feb 28, 2009 - Russian Federation seeks to overturn jurisdictional award in Yukos shareholder claim; merits phase continues
Jan 22, 2009 - Replacement arbitrator appointed in TCW v. Dominican Republic CAFTA arbitration over electricity investment
Jan 05, 2009 - ICSID preliminary objection is raised by Venezuela in dispute with US investor over telecoms dispute
Jan 05, 2009 - UNCITRAL tribunal rules that electricity claim can proceed against Dominican Republic; parallel CAFTA claim also afoot
Oct 09, 2008 - Argentina faces a third treaty claim by hold-out bond-holders; Experts differ as to prospects
Aug 07, 2008 - TRENDS: Ecuador seeing flow of claims challenging energy windfall measures despite recent move to avoid ICSID arbitration
Jun 03, 2008